Page:Federal Reporter, 1st Series, Volume 4.djvu/207

 m BB DOIS. 193 �In re Doio. (Oirouit Court, D. Oalifornia. October 22, 1880.) �L Ihdictment— Wahiiant op RbmovaIt— Distkict Judoe— Rœt. St. f 1014. — Where a district judge is applied to for a warrant of removal, and it appears f rom the indictment on which the warrant is asked that the act alleged does not constitute an oSence against the United States, or that no trial can be had in the district to which the removal is Gought, it is his duty to refuse the warrant. In re BvM, 3 Dillon, 116. In re Clark, 2 Ben. 540. �2. Manslaughtek— Pïlotv-Nkgughnch— Rbv. St. j 5344.— Section 5344 of the Revised Statutes provides that " every captain, engineer, pilot, or other pergon employed on any steam-boat or vessel, by whose mis- conduct, negligence, or inattention to his duties the lif e of any person is destroyed, * * * * shaUbedeemedguilty of manslaughter." SM that, under this section, destruction of life is the essence of the oSence. �Haheas Corpus, �Philip Teaae, U. S. Dist. Att'y, for the United States. �Milton AnaroSi for petitioner. �HoFFMAN, D. J. The retum of the marshal shows that he holds the prisoner by virtue of a commitment by United States Commissioner O'Beirne, commanding him to receive into his custody and safely keep the said Thomas Doig to await the action in the premises of the United States district judge for the district of Galifarnia. The offence for -which the petitioner was committed is described in the commitment as follows: "That on or about the nineteenth of April, 1880, in the district of Oregon, and within the jurisdiction of the dis- trict court of the United States for said district, he, the said Thomas Doig, having then and there control and manage- ment of a certain steam-yessel called the Great EepuMic, as a pilot, did, by his misconduct, negligence, and inattention to his duty as said pilot, cause the death by drowning of the. first officer and others of the crew of said ship or vessel, whose names are to me unknown." The complaint on which the original warrant of arrest was issued charged the prisoner with the offence of manslaughter on the high seas, but it appears by the commitment, and is admitted by the district �v.4,no.3— 13 ����